Weights and Measures Act, 1994
This section gives the Act its short title: the Weights and Measures Act.
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- Zambia
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- Act or statute
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- Act 22 of 1994
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About this statute
This section gives the Act its short title: the Weights and Measures Act. This section defines terms used in the Act. The International System of Units is the authorised measure for measurements in trade in Zambia, and the Minister may amend any Schedule by statutory instrument. The Minister must authorise necessary standards of weights and measures, and national standards must meet specified composition, verification, protection, notice, and calibration-certificate requirements. The Minister must verify every national standard at least once every ten years, and update it if needed.
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Provisions of Weights and Measures Act, 1994
Showing 103 of 103
Part
Part I – Preliminary
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Short title .................................................................................................................................................................................................... 1
This section gives the Act its short title: the Weights and Measures Act.
1. Short title This Act may be cited as the Weights and Measures Act. - 2 Verify source ↗
Interpretation ............................................................................................................................................................................................. 1
This section defines terms used in the Act.
2. Interpretation (1) In this Act, unless the context otherwise requires— "article" means goods for sale, goods which have been sold or are being carried or delivered for sale; "assize", means to examine, verify or test an instrument in accordance with the provisions of this Act or any regulations made under this Act; "assizer" means a person appointed as an assizer under section eleven; "authorised measure" means unit of weight, length, capacity or volume referred to in section three; "authorised unit of measurement" means a unit of weight, length, capacity or volume by reference to which a trading transaction is authorised by this Act to be conducted; "automatic instruments" means any instrument in which a special self-acting machinery is employed to effect some or all of the following: (a) an automatic feed; (b) the rapid weighing of predetermined quantities; (c) the registration and summation of loads; (d) the measuring and filling of liquids into containers; or (e) a result similar to any of those set out in paragraphs (a) to (d); "calibration" means all the operations which are necessary for the purpose of determining the values of the errors of a weight or measure and, if necessary, to determine the other metrological properties of such weight or measure and includes the actual weight or measure; or in some cases By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 1 Weights and Measures Act, 1994 (Chapter 403) Zambia Repealed of certain principal mathematics only, in relation to the corresponding volume of the quantity to be measured and also in relation to the use of or weight or measure as a standard; "certificate of competence" means a certificate, issued by the Superintendent Assizer under this Act, declaring that the holder is competent in the repair of instruments; "check weighed" in relation to any vehicle, means weighed with its load by means of the nearest suitable available weighing equipment, and weighed again after it has been loaded by means of the same or other suitable weighing equipment; "Committee" means the Assize Committee established by section thirteen; "constructional use" in relation to any goods, means the use of those goods in construction work in the course of the carrying on of a business; "container" means any form of packaging of goods for sale as a single item, whether by way of wholly or partly enclosing the goods or by attaching the goods to or winding the goods around some other article, and includes a wrapper or confining band; "Derived Unit" means a unit which is derived from the base, or supplementary unit or both; "document" includes— (a) any paper or other material on which there is writing or printing or on which there are marks, figures, symbols or perforations having a meaning for persons qualified so to interpret them; (b) a disc or tape or other article, or any material, from which sounds, images, writings or messages are capable of being reproduced with or without the aid of any other article or device. "food for human consumption" includes every article used for food or drink; [Cap. 416] [Please note: definitions omitted as in original.] Part II – Standard weights and measures
Part
Part II – Standard weights and measures
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Units of measurement ............................................................................................................................................................................ 2
The International System of Units is the authorised measure for measurements in trade in Zambia, and the Minister may amend any Schedule by statutory instrument.
3. Units of measurement (1) The International System of Units shall be authorised measure by reference to which any measurement in trade in Zambia shall be made. (2) The International System of Units shall consist of— (a) the base units set out and defined in the First Schedule; (b) the supplementary units set out and defined in the Second Schedule; (c) the derived units set out in the Third Schedule; and (d) any special or permitted units that may be used in conjunction with units mentioned in paragraphs (a) to (c) as adopted by the General Conference and set out in the Fourth Schedule. (3) The International System of Units prefixes for multiples and sub-multiples of the units referred to in sub-section (2) are those set out and defined in the Fifth Schedule. (4) Additional Units of measurement that may be used are set out in the Sixth Schedule. (5) Units of measurements of length, area, volume, capacity, mass, weight, electricity and time are set out in the Seventh Schedule. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 2 Weights and Measures Act, 1994 (Chapter 403) Zambia Repealed (6) The denominations of physical weights and measures that shall be used for the purpose of trade in Zambia are set out in the Eighth Schedule. (7) The Minister may, by statutory instrument, from time to time amend any Schedule to this Act.
Part
Schedule.
- 4 Verify source ↗
National standards ................................................................................................................................................................................... 3
The Minister must authorise necessary standards of weights and measures, and national standards must meet specified composition, verification, protection, notice, and calibration-certificate requirements.
4. National standards (1) The Minister shall authorise the use of such standards of weights and measures as he considers necessary. (2) Every standard referred to in subsection (1)— (a) shall be of a donomination equivalent to— (i) a weight or measure authorised by this Act; or (ii) a multiple, aliquot pacer sub-multiple of such a weight or measure; (b) shall be verified— (i) in the case of a weight or measure authorised by this section; or (ii) in the case of a weight or measure authorised by such competent institution as the Minister directs; and (c) shall be made of such materials and in such manner and placed and kept in such a receptacle as affords it, as far as practicable, protection against mechanical and atmospheric agencies and any likely source of error. (3) A standard of a litre or capacity measurement may, as the Minister thinks fit, be— (a) provided either as a separate standard or by means of divisions marked on a standard of a larger measure; and (b) either marked in whole or in part with sub-divisions representing any smaller units of measurement; or (c) multiples or sub-multiples of such a unit, or have no such markings. (4) Where a standard of weight or measure is about to be brought into use in Zambia the Minister shall, by notice published in the Gazette or a newspaper with daily circulation, declare that such standard of weight is about to be brought into use in Zambia and specify therein the date on which that standard or weight shall become operative; and upon publication of the notice, such standard shall become a national standard of weight or measure; and shall, for all purposes, be conclusively deemed to be true and accurate. (5) Every national standard shall be accompanied by a certificate of calibration. - 5 Verify source ↗
Periodic verification of national standards ..................................................................................................................................... 3
The Minister must verify every national standard at least once every ten years, and update it if needed.
5. Periodic verification of national standards (1) The Minister shall at least once in every ten years cause every national standard to be verified, and if necessary to be corrected and and adjusted or renewed. (2) Where a national standard is sent out of Zambia for verification, the Minister shall cause a corresponding secondary standard to be deposited in such manner as he considers proper, and that secondary standard shall, during such time as the national standard is out of Zambia, be the national standard. - 6 Verify source ↗
Custody of national standards ............................................................................................................................................................ 3
The national standard must be kept at a laboratory set up by the Zambia Bureau of Standards.
6. Custody of national standards The national standard shall be kept at a laboratory to be set up by the Zambia Bureau of Standards. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 3 Weights and Measures Act, 1994 (Chapter 403) - 7 Verify source ↗
Secondary standards ................................................................................................................................................................................ 4
The Superintendent Assizer must prepare, verify, and authenticate copies of national standards as secondary standards, re-check them every two years, and stop their use if a deficiency is found.
7. Secondary standards (1) The Superintendent Assizer shall— Zambia Repealed (a) cause to be prepared such copies of the national standards as he thinks fit; (b) provide for the verification of any copies so prepared; and (c) cause the verified copies to be authenticated as secondary standards. (2) Every authenticated secondary standard shall, until the contrary is proved, be taken to be as true and accurate as the corresponding national standard. (3) Once in every two years the Superintendent Assizer shall cause each of the secondary standards referred to in subsection (1) of section seven to— (a) be compared with the national standards and if necessary to be corrected and adjusted by the Zambia Bureau of Standards or any other competent authority but such verification should be witnessed by two people to be appointed by the Minister; (b) bear a certificate of corrections signed by the witnesses and such Institution as may be appointed to carry out the verification; (4) The Superintendent Assizer shall direct that the secondary standard no longer be used as a secondary standard where any deficiency is detected. - 8 Verify source ↗
Working standards ................................................................................................................................................................................... 4
Assizers must compare their working standards with secondary standards every 12 months, make any needed corrections before certifying, and the Superintendent Assizer may cancel a working standard.
8. Working standards (1) Every Assizer shall be provided with proper and sufficient working standards of weights and measures which shall be used for assizing or re-assizing of weights or measures or instruments in use for purposes of trade. (2) Once in every twelve months an Assizer shall compare the working standards, which have been in use during the past twelve months, with the secondary standards, and, if necessary make corrections and adjustments before signing a certificate prescribed in Form B of the Schedule. (3) The Superintendent Assizer may at any time cancel any working standard and direct that it no longer be used. (4) Judicial notice shall be taken of every working standard and each such standard shall be deemed to be true and accurate until the contrary is proved. - 9 Verify source ↗
Storage of standards ............................................................................................................................................................................... 4
The Superintendent Assizer must maintain equipment for the safe storage and use of standards.
9. Storage of standards The Superintendent Assizer shall cause to be maintained such equipment for safe storage of, and otherwise for use in connection with, standards. Part III – Administration
Part
Part III – Administration
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The Superintendent Assizer ............................................................................................................................................................... 4
The Minister appoints a Superintendent Assizer, who must attend Committee meetings, may address them, and must not vote.
10. The Superintendent Assizer (1) The Minister shall, on such terms and conditions as the Minister may determine, appoint a public officer to be a Superintendent Assizer. (2) The Superintendent Assizer shall attend meetings of the Committee and may address such meetings, but shall not vote on any matter: Provided that the person presiding at any meeting of the Committee may, for good cause, require the Superintendent Assizer to withdraw from the meeting. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 4 Weights and Measures Act, 1994 (Chapter 403) Zambia Repealed (3) A person shall not qualify for appointment as Superintendent Assizer unless he holds a diploma or other prescribed qualification in the field of legal metrology. (4) The Superintendent Assizer shall supervise the assizers in the performance of their duties under this Act. - 11 Verify source ↗
Assizers and other staff ...................................................................................................................................................................... 5
The Minister may appoint assizers and other staff needed to administer the Act.
11. Assizers and other staff The Minister shall appoint, on such terms and such conditions as he may determine, such assizers and other staff as he considers necessary for the administration of this Act. - 12 Verify source ↗
Duties of assizer .................................................................................................................................................................................... 5
An assizer must verify weights and measuring instruments, maintain standard equipment, keep required records and reports, and follow the Superintendent Assizer’s directions.
12. Duties of assizer The duties of an assizer shall be to— (a) carry out verification of weights, measures, and weighing and measuring instruments; (b) care for, and maintain, any standard equipment which may be entrusted to his care; (c) keep records and make such reports as the Superintendent Assizer may require; (d) give effect to the directions of the Superintendent Assizer; and (e) generally exercise and perform such powers and duties as may be conferred or imposed on him by this or any other law. - 13 Verify source ↗
The Assizes Committee ....................................................................................................................................................................... 5
This provision establishes the Assizes Committee.
13. The Assizes Committee There is hereby established the Assizes Committee. - 14 Verify source ↗
Composition of Committee ................................................................................................................................................................ 5
The Committee must be made up of the listed nominated members, and it must choose a Chairperson and Vice-Chairperson from among its members.
14. Composition of Committee (1) The Committee shall consist of— (a) a Deputy Permanent Secretary nominated by the Permanent Secretary responsible for Commerce and Industry; (b) a Deputy Permanent Secretary nominated by the Permanent Secretary in the Ministry responsible for finance; (c) a Deputy Permanent Secretary nominated by the Permanent Secretary in the Ministry responsible for Science and Technology; and (d) a person nominated by each of the following: (i) the oil industry; (ii) the Law Association of Zambia; (iii) the Engineering Institution of Zambia; (iv) the Zambia Bureau of Standards; (v) the Consumer Protection Association; and (vi) the National Council for Scientific Research. (2) A Chairperson and a Vice-Chairperson of the Committee shall be elected by the Committee from amongst its members. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 5 Weights and Measures Act, 1994 (Chapter 403) Zambia Repealed (4) The Thirteenth Schedule has effect in relation to the Committee and its members. [Please note: numbering as in original.] Part IV – Inspection of weights and measures
Part
Part IV – Inspection of weights and measures
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Certificate in respect of design or pattern of instruments, etc. ........................................................................................... 6
People may apply to the Superintendent Assizer for a certificate for an instrument’s design or pattern, and the Superintendent can issue, amend, cancel, or reissue certificates in specified cases.
15. Certificate in respect of design or pattern of instruments, etc. (1) Any person may, on payment of the prescribed fee, make a written application to the Superintendent Assizer— (a) (b) for the issue of a certificate in regard to the suitability for use in trade of any instrument of a design or pattern; and for the amendment of such certificate if that design or pattern is altered in a manner specified in the application without affecting the principle of the instrument. (2) If on testing the instrument the Superintendent Assizer is satisfied— (a) as to the suitability for use in trade of any instrument of a design or pattern he shall issue a certificate to that effect; or (b) that the alteration of the design or pattern specified in application does not affect— (i) the suitability of the instrument for use in trade; or (ii) the principle of the instrument; he shall amend the certificate accordingly: Provided that the Superintendent Assizer may, in and by any such certificate, limit the purpose of trade for which any instrument of that design or pattern may be used, or impose conditions upon the use in trade of any such instrument. (3) If the Superintendent Assizer at any time finds a design or pattern in respect of which a certificate has been issued under this section to have some quality which is likely to render it unsuitable for all or any purpose of trade or to have become obsolete, he may— (a) cancel the certificate; or (b) cancel the certificate and, upon the payment of the prescribed fee, issue a fresh certificate in place thereof, specifying the circumstances in which the instrument may be used or impose conditions upon the use of the instrument in trade. (4) Where proof is tendered that an instrument conforms in all respects with a design or pattern approved by the 'International Organisation for Legal Metrology or by a recognised body on behalf of the European Economic Community, a certificate in terms of subsection (2) may be issued. (5) Where any design or pattern of instrument was issued in Zambia or approved by a competent authority prior to the date of coming into operation of this Act, a certificate in terms of subsection (2) may be issued, unless there is any feature of the present design or pattern which would render it unsuitable for use in trade. - 16 Verify source ↗
Assize of instruments ........................................................................................................................................................................... 6
An Assizer must assize or re-assize every instrument brought to him, at fixed times and places and on payment of the prescribed fee.
16. Assize of instruments An Assizer shall at such times and places as may be fixed and, on payment of the prescribed fee, assize or re-assize every instrument brought to him for the purpose. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 6 Weights and Measures Act, 1994 (Chapter 403) - 17 Verify source ↗
Re-assize of instruments ..................................................................................................................................................................... 7
An assizer may require a person to produce trade instruments for re-assize by written notice, and failure to comply can be an offence.
17. Re-assize of instruments Zambia Repealed (1) At least once in every twelve months an assizer may at any time, by notice in writing, request any person to submit to him at such time and place as the assizer may specify any weight, measure, weighing instrument or measuring instrument which is used or intended to be used for trade: Provided that there shall be an interval of at least fourteen days between the date of publication of the notice and the last day on which the instrument is to be produced. (2) Subject to the provisions of sub-section (3) any person who fails to comply with a notice referred to in sub-section (1) shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding five thousand penalty units or to imprisonment for a period not exceeding six months, or to both. (3) A person on whom a notice has been served under sub-section (1) who has— (a) an instrument which: (i) is affixed; (ii) has a weighing capacity exceeding two hundred and fifty kilograms; (iii) is of delicate construction; or (iv) is in the opinion of an assizer liable to damage or derangement if submitted in accordance with subsection (1); or (b) an instrument which is ordinarily kept at a place which is not within forty kilometres of any place specified in that notice, shall not be guilty of an offence under this section if upon the publication of the notice he forthwith, in writing, notifies the assizer by whom that notice was published of the particulars of the instrument and the place where it is ordinarily kept and requests that the instrument be assized at that place. (4) An assized measure or capacity made of clear glass, earthen ware or enamelled metal, or an assized measure of length, need not be re-assized unless— (a) the assizer has reasonable grounds for believing it has materially altered since it was last assized; or (b) the stamp of assize has been defaced or become illegible. [As amended by Act No. 13 of 1994] - 18 Verify source ↗
Verification of instruments ................................................................................................................................................................. 7
If an assizer finds an instrument compliant on test, the assizer must stamp or mark it and, where appropriate, seal or lock it.
18. Verification of instruments An assizer who on test finds an instrument to be just and in compliance with the provisions of this Act and any regulations made under this Act shall stamp or mark it in the prescribed manner and, if appropriate, seal or lock the instrument to prevent its unauthorised adjustment. - 19 Verify source ↗
Rejection of certain instruments ..................................................................................................................................................... 7
An Assizer who finds an instrument non-compliant on test must reject it, mark it with the prescribed mark, and give the person in charge a written statement of rejection.
19. Rejection of certain instruments An Assizer who on test finds an instrument to be false, unjust, defective, or not in compliance with the provisions of this Act or any regulations made under this Act shall— (a) reject it; (b) mark it with the prescribed mark; and By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 7 Weights and Measures Act, 1994 (Chapter 403) Zambia Repealed (c) issue to the person in charge of the instrument a written statement to the effect that it has been rejected: Provided that the assizer may in his direction— (i) adjust it; (ii) return it to the owner for adjustment; or (iii) retain it with a view to proceedings being taken for its forfeiture. - 20 Verify source ↗
Illegal stamping or sealing ................................................................................................................................................................ 8
An assizer must not stamp or seal an instrument with the prescribed stamp of assize unless the instrument passes the listed conditions, including testing against the appropriate working standards.
20. Illegal stamping or sealing An assizer shall not stamp with the prescribed stamp of assize or seal any instrument— (a) which is unjust; (b) which does not comply with the provisions of this Act or any regulations made under this Act; (c) which is not of the denomination of a weight or measure specified in Eighth Schedule; or (d) without testing it by comparison with the appropriate working standards. Part V – Trade measurements
Part
Part V – Trade measurements
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Contracts to be made by reference to authorised units ......................................................................................................... 8
Contracts and dealings for goods sold or measured by weight or measure must use the relevant authorised units, or multiples of them.
21. Contracts to be made by reference to authorised units (1) Every contract, bargain, sale or dealing made or had after the commencement of this Act whereby any work, thing, ware, merchandise or other thing is or are to be, sold, delivered, carried, measured, computed, paid for or agreed for by weight or measure, shall be made or had according to one of the relevant units of measurement specified in the First, Second, Third, Fourth, Sixth, Seventh and Eighth Schedules to this Act or to some multiple thereof. (2) A person who contravenes or fails to comply with this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding six months or to both. [As amended by Act No. 13 of 1994] - 22 Verify source ↗
Exceptions ................................................................................................................................................................................................ 8
This section says the Part does not apply to sales of food for human consumption on or at the seller’s premises.
22. Exceptions Nothing in this Part shall apply to the sale of food for human consumption on or at the premises of the seller: Provided that the Superintendent Assizer may, by order, vary the quantity of goods to be sold and the price specified in paragraph (b) of this section. - 23 Verify source ↗
Provision and operation of calibrated instrument .................................................................................................................... 8
Certain sellers or packers must provide and use an assized instrument for weighing or measuring goods, and keep it visible or nearby for verification.
23. Provision and operation of calibrated instrument (1) Where a person has in his possession any goods for sale or delivery, or any goods in respect of which any representation of weight or measure is made for the purposes of sale or any other trade purpose, he shall— (a) provide an assized instrument capable of weighing or measuring such article; and (b) keep and operate the same in such a place and manner so that the weighing or measuring and the weight indicated or measure determined, as the case may be, are clearly visible to the purchaser at all times. (2) In any case where an automatic instrument is used in the packing for sale of articles not exceeding fifty kilograms in weight or twenty-five litres in capacity, the person responsible for that packing By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 8 Weights and Measures Act, 1994 (Chapter 403) Zambia Repealed shall cause to be kept and used near the automatic instrument such assized instrument as would enable the verification of the correct operation of the automatic instrument. - 24 Verify source ↗
Price lists, etc. ......................................................................................................................................................................................... 9
A person must not circulate price lists, catalogues, or similar documents that use non-authorised weight, length, or capacity measures for goods sold by weight or measure.
24. Price lists, etc. (1) Subject to the provisions of sub-section (2), a person shall not print, publish, make or circulate, or cause to be printed, published, made or circulated, any price list, catalogue or document containing a statement of current prices of articles for sale by weight or measure in which measures of the weight, length or capacity of these articles are expressed otherwise than by reference to an authorised measure or denote or imply a greater or lesser measure or weight, length or capacity than is denoted or implied by an authorised measure. (2) This section shall not apply to any price list, catalogue or document emanating from outside Zambia which— (a) clearly shows that reference to measures of weight, length or capacity contained therein are not applicable to Zambia; or (b) bears a statement showing the accurate equivalent by reference to an authorised measure, of any measure contained in that price list, catalogue or documents. Part VI – Offences and penalties
Part
Part VI – Offences and penalties
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Prohibition of use of unapproved pattern of instrument ....................................................................................................... 9
Any person who directly or indirectly uses an approved pattern of any instrument for trade commits an offence and may be fined, imprisoned for up to six months, or both.
25. Prohibition of use of unapproved pattern of instrument Any person who either, directly or indirectly, uses an approved pattern of any instrument for trade shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding six months, or to both. - 26 Verify source ↗
Forgery of stamps on instruments .................................................................................................................................................. 9
It is an offence to forge, alter, deface, remove, reuse, or sell trade instruments with forged or altered stamps, except for a limited repair/adjustment exemption.
26. Forgery of stamps on instruments (1) Any person who, in the case of any instrument used or intended to be used for trade— (a) not being an assizer or a person acting under the instructions of an assizer, marks in any manner any plug or seal used or designed for use for the reception of a stamp; (b) forges, counterfeits or, except as permitted by or under this Act, in any way alters or defaces any stamp; (c) removes any stamp and inserts it into any other such instrument; or (d) makes any alteration in the instrument after it has been stamped so as to make it false or unjust; shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding twelve months, or to both. (2) Paragraphs (a) and (b) of subsection (1) shall not apply to the destruction or obliteration of any stamp, plug or seal in the course of adjustment or repair of an instrument by a person holding a certificate of competence. (3) Any person who uses for trade, sells or exposes or offers for sale any instrument which to his knowledge— (a) bears a stamp which is a forgery or counterfeit, or which has been altered or defaced otherwise than as permitted under this Act; or By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 9 Weights and Measures Act, 1994 (Chapter 403) Zambia Repealed (b) is false or unjust as a result of an alteration made in the instrument after it has been stamped; shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding twelve months, or to both. [As amended by Act No. 13 of 1994] - 27 Verify source ↗
Prohibition of use of certain instruments, etc. ......................................................................................................................... 10
A person must not use or keep for use in trade an instrument that is unauthorized, contrary to the Act or regulations, false, incorrect, or not stamped with the prescribed stamp or seal of assize.
27. Prohibition of use of certain instruments, etc. (1) Any person who uses or has in his possession for use in trade any instrument— (a) the use of which for such trade is not authorized by this Act; (b) the use of which for such trade is in contravention of the provisions of this Act or any regulations made under this Act; or (c) which is false or not correct, or which is not stamped with the prescribed stamp or seal of assize; shall be guilty of an offence and shall be liable on conviction, to a fine not exceeding five thousand penalty units or to imprisonment for a period not exceeding six months, or to both. [As amended by Act No. 13 of 1994] - 28 Verify source ↗
Lawful use of certain unassized instruments ........................................................................................................................... 10
If someone holds an unassized instrument for use in trade, they must promptly get it assized or re-assized, or obtain written authority from an assizer.
28. Lawful use of certain unassized instruments (1) Any person who has in his possession or charge for use in trade any unassized instrument shall, without undue delay— (a) cause such instrument to be assized or re-assized; or (b) obtain a written authority for the use in trade of such instrument from an assizer in terms of subsection (2). (2) An assizer may, upon receipt of— (a) the prescribed fee; and (b) a written statement by the holder of a certificate of competence that an assized instrument is correct and assizeable, issue a written authority to any person to use that instrument in trade during such period, and subject to such conditions, if any, as the assizer may therein specify. (3) A person who uses in trade or has in his possession or charge for use in trade an unassized instrument— (a) in respect of which there is in force an authority issued under subsection (2); and (b) in accordance with the conditions, if any, specified in that authority, shall not be liable to criminal proceedings under this Part in respect of such use or possession of that instrument. - 29 Verify source ↗
Use of false or unadjusted instruments ..................................................................................................................................... 10
A person must not use, possess for use in trade, hire out, permit, or condone the use of a false or unjust instrument in trade.
29. Use of false or unadjusted instruments Any person who uses or has in his possession for use in trade, or hires out, permits or condones the use in trade of any instrument which is false or unjust shall be guilty of an offence and shall be liable, on conviction to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding six months, or to both. [As amended by Act No. 13 of 1994] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 10 Weights and Measures Act, 1994 (Chapter 403) - 30 Verify source ↗
Sale of unstamped instruments .................................................................................................................................................... 11
Selling, offering for sale, or keeping for sale an instrument without a current valid stamp or seal of assize is an offence, unless the instrument was not made for trade and is clearly marked “NOT FOR TRADE USE.”
30. Sale of unstamped instruments Zambia Repealed (1) A person who sells, exposes for sale or has in his possession for sale any instrument which does not bear a current valid stamp or seal of assize shall be guilty of an offence and shall be liable on conviction liable to a fine not exceeding five thousand penalty units or to imprisonment for a term of six months, or to both: Provided that this section shall not apply to an instrument which when made was not intended or designed for use for trade and which was permanently and clearly marked on a conspicuous part thereon with the words "NOT FOR TRADE USE". [As amended by Act No. 13 of 1994] - 31 Verify source ↗
Fraud in use of instruments ........................................................................................................................................................... 11
Fraud committed in the use of an instrument can lead to a fine of up to 10,000 penalty units, imprisonment for up to 12 months, or both.
31. Fraud in use of instruments Where fraud is committed in the use of an instrument, the persons committing the fraud shall be liable to a fine not exceeding ten thousand penalty units or to twelve months imprisonment or both. [As amended by Act No. 13 of 1994] - 32 Verify source ↗
False statements as to weight, measure, etc. .......................................................................................................................... 11
A person must not make false or incorrect statements about goods’ weight or measure, or sell goods in a short quantity or at the wrong unit price.
32. False statements as to weight, measure, etc. (1) Any person who, directly or indirectly— (a) makes a false or incorrect declaration or statement as to the weight, length, width, gauge, area, capacity, volume or number of any article in connection with its purchase, sale, weighing or measuring; (b) (c) (d) sells or causes to be sold anything by weight or measure short of the quantity demanded by the purchaser or represented by the sellers; sells or causes to be sold any article required to be sold in prescribed quantity, measure or number, in a lesser quantity, measure or number; or sells or causes to be sold any article in relation to which a unit price is quoted at a price otherwise than in accordance with such unit price. shall be guilty of an offence and liable to a fine not exceeding ten thousand penalty units or to imprisonment for twelve months or to both. [As amended by Act No. 13 of 1994] - 33 Verify source ↗
Sale by unauthorised denominations .......................................................................................................................................... 11
A person must not sell or offer for sale goods in a weight or measure denomination not authorised by the Act.
33. Sale by unauthorised denominations Any person who sells or exposes for sale any goods in a denomination of weight or measure other than the denominations of weight or measure authorised under this Act shall be guilty of an offence. - 34 Verify source ↗
Offences due to default of third party ....................................................................................................................................... 11
A defendant charged under this Act can require another person to be brought before the court if the defendant gives notice and says the offence was caused by that person’s act or default.
34. Offences due to default of third party (1) A person (in this section called "the original defendant") against whom proceedings are brought for an offence under this Act shall, upon information laid down by him and on giving the prosecution not less than three clear days notice of his intention to avail himself of the provisions of this subsection, be entitled to have brought before the court in those proceedings any other person to whose act or default he alleges the commission of the offence was due; and if after the offence has been proved, the original defendant proves that— (a) the Commission of the offence was due to an act or default of that other person; and By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 11 Weights and Measures Act, 1994 (Chapter 403) Zambia Repealed (b) he exercised all due diligence to avoid the commission of the offence by him or any other person under this control; the original defendant shall be acquitted of the offence. - 35 Verify source ↗
General penalty ................................................................................................................................................................................... 12
A person who breaks this Act or its regulations, where no specific penalty is set, can be fined or imprisoned on conviction; harsher penalties apply for repeat offences and for offences committed with intent to defraud.
35. General penalty (1) A person who contravenes the provisions of this Act or regulations made under this Act for which no specific penalty is provided shall be liable, on conviction— (a) (b) in the case of a first offence; to a fine not exceeding five thousand penalty units or to imprisonment for a period of six months, or both; and in the case of a second or subsequent offence, to a fine not exceeding ten thousand penalty units or to imprisonment for a period not exceeding twelve months, or to both. (2) Where a person is convicted of any offence against this Act and the Court by which he is convicted is of the opinion that such offence was committed with intent to defraud, such a person shall be liable in addition to or in lieu of any penalty to imprisonment for a term not exceeding three years. [As amended by Act No. 13 of 1994] - 36 Verify source ↗
Offences by bodies corporate ......................................................................................................................................................... 12
If a body corporate is convicted of an offence, directors and people involved in management may be treated as having committed the same offence if they knowingly authorised or allowed the act or omission.
36. Offences by bodies corporate If a body corporate is convicted of any offence under this Act or any regulations made under this Act, every person— (a) who is a director of the corporation; or (b) who is concerned in the management of the corporation; shall be deemed to have committed the same offence if he knowingly authorised or permitted the act or omission constituting the offence. Part VII – Miscellaneous
Part
Part VII – Miscellaneous
- 37 Verify source ↗
Power of inspection and entry ....................................................................................................................................................... 12
An assizer may enter places and vehicles, inspect and measure trade instruments and articles, seize items used contrary to the Act, and order people to assist or produce records. Failure to comply is an offence.
37. Power of inspection and entry (1) An assizer may at all reasonable times— (a) enter into place, vehicle, aircraft or ship where he has reasonable cause to believe there is an instrument which is used in trade and may inspect any such instrument and cause it to be compared with appropriate standards; (b) (c) seize and detain any instrument or part of any instrument which he has reasonable cause to believe is used contrary to the provisions of this Act; and close, lock or otherwise seal any instrument which he finds to be used contrary to the provisions of this Act until such time as it can be repaired or adjusted and re-assized or the conditions imposed by the assizer are met. (2) An assizer may at all reasonable times— (a) enter any place, vehicle, aircraft or ship in or from which he has reasonable cause to believe any articles are sold or kept for delivery and may inspect and weight or measure any article found therein; (b) order any person carrying or delivering any article apparently in the course of trade to stop, and may inspect, weigh or measure any such article; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 12 Weights and Measures Act, 1994 (Chapter 403) Zambia Repealed (c) for the purpose of paragraph (a) or (b), use any assized instrument at the place or vehicle where the article is inspected; (d) order the seller of any article to produce for inspection and, if he thinks it necessary, seize and detain, any invoice, delivery note or other record kept by the seller relating to the weighing or measuring of the article; (e) seize and detain any article in respect of which he has reasonable cause to believe that an offence has been committed under this Act; and (f) order any person mentioned in paragraph (b) or in charge of any place or vehicle mentioned in paragraph (a) to— (i) provide labour for the handling and weighing or measurement, in terms of this section, of any article; (ii) give the name and address of his employer, if any. (3) Where a person has any goods in his possession for sale or delivery he shall, if required by an assizer for the purposes of subsection (v), break open or permit the assizer to break open any wrapper or container in which the goods are packed. (4) Any person who fails to comply with any order or requirement under this section shall be guilty of an offence and liable to a fine not exceeding five thousand penalty units or six months imprisonment or both. [As amended by Act No. 13 of 1994] - 38 Verify source ↗
Certificate of competence ................................................................................................................................................................ 13
A person may not make, manufacture, repair, sell, offer, expose, or keep for repair or sale any instrument unless they hold a valid licence from the Superintendent Assizer.
38. Certificate of competence (1) A person shall not make, manufacture, repair or sell, or offer, expose or possess for repair or sale, any instrument unless he holds a valid licence issued by the Superintendent Assizer authorising such person to do so. (2) Every licence issued under this section— (a) shall be— (i) in such form; (ii) issued on payment of such fees; and (iii) valid for one year, as may be prescribed by regulation; (b) may be renewed; and (c) may contain such conditions and restrictions as may be determined by the Superintendent Assizer and specified in the licence. - 39 Verify source ↗
Burden of proof ................................................................................................................................................................................... 13
In proceedings under this Act, certain facts are presumed unless the contrary is proved.
39. Burden of proof (1) In any proceedings under this Act in which it is necessary, in order to establish the charge against a person, to prove that a notice or any other means under this Act (1), in respect of any instrument, has been complied with to such instrument, shall be presumed unless the contrary is proved, at all relevant times to have used in trade by that person in the area to which the notice in question relates. (2) Where any goods are found on any premises, or in any vehicles, used by any person for trade, the goods shall, unless the contrary is proved, be deemed for the purpose of this Act to be on or in the premises or vehicle for sale. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 13 Weights and Measures Act, 1994 (Chapter 403) Zambia Repealed - 40 Verify source ↗
Recovery of fees .................................................................................................................................................................................. 14
The Attorney-General may go to court to recover a fee owed under this Act.
40. Recovery of fees The Attorney-General may by action in a court recover the amount of a fee payable in terms of this Act. - 41 Verify source ↗
Evidence of possession ..................................................................................................................................................................... 14
If an instrument is found with a trader or on trade premises, the person is treated as having possession of it for trade purposes under this Act.
41. Evidence of possession Where any instrument is found— (a) in the possession of a person carrying on trade; or (b) on premises used for trade by any person whether or not such premises are a building or in the open air, and whether or not such premises are open or enclosed; that person shall be deemed for the purposes of this Act to have such instrument in his possession for use for the purpose of trade. - 42 Verify source ↗
Judicial notice ....................................................................................................................................................................................... 14
Courts must accept a qualifying assizer’s document as prima facie evidence when it is produced by any person.
42. Judicial notice A document purporting to be signed by an assizer and certifying that a weighing or measuring instrument specified therein was inspected or examined and compared with the standard by him on a specified date, and stating the finding of his examination or inspection, shall be received in any court on production by any person, as prima facie evidence of the facts therein stated. - 43 Verify source ↗
Forfeiture ................................................................................................................................................................................................ 14
If someone is convicted of an offence under this Act, the court may order the items used to commit the offence to be forfeited to the Republic.
43. Forfeiture Where a person has been convicted of an offence under this Act, the court may, if it thinks fit, either in addition to or without inflicting any other penalty, order that any instrument, stamp or other article in respect or by means of which the offence was committed be forfeited to the Republic. - 44 Verify source ↗
Regulations ............................................................................................................................................................................................ 14
The Minister may make regulations by statutory instrument for matters the Act requires or permits to be prescribed, or that are needed to carry out the Act’s purposes.
44. Regulations The Minister may by statutory instrument make regulations prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or expedient to the proper carrying out of the purposes of this Act. First Schedule Base unit of SI The Base Units of the SI are defined as follows Physical quantity Name of unit Unit symbol Definition - 1 Verify source ↗
Short title .................................................................................................................................................................................................... 1
This section defines the metre as a unit of length based on the distance light travels in vacuum in 1/299 792 458 of a second.
1. Length metre m The metre is the length of the path travelled by light in vacuum during a time interval of 1/299 792 458 of a second By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 14 Weights and Measures Act, 1994 (Chapter 403) Zambia Repealed Physical quantity Name of unit Unit symbol Definition - 7 Verify source ↗
Secondary standards ................................................................................................................................................................................ 4
This provision defines several SI units, including the kilogram, second, ampere, kelvin, candela, and mole.
7. Amount Mole mol The kilogram is the unit of mass; it is equal to the mass of the international prototype of the kilogram. Note: This international proto-type is made of platinum, iridium and is kept at the International Bureau of Weights and Measures, Scures, Paris, France. The second is the duration of 9192631770 periods of the radiation corresponding to the transition between the two hyperfine levels of ground state of the caesium-133 atom. The ampere is that constant current which, if maintained in two straight parallel conductors of infinite length, of negligible circular cross- section, and placed one metre apart in vacuum, would produce between these conductors a force equal to 2 x 10 newton per metre. The Kelvin, unit of thermodynamic temperature, is the fraction 1/273.16 of the thermodynamic temperture of the triple point of water. The candela is the luminous intensity, in a given direction, of a source that emits monochromatic radiation of frequency 540 x 1012 hertz and that has a radiant intensity in that direction is 1/683 watt per steradian. The mole is the amount of substance of substance of a system which contains as many elementary entities as there are atoms in 0.012 kilogram of carbon 12. Note: When the mole is used, the elementary entities must be specified and these may be atoms, molecules, ions, electrons, other particles or specified groups or such particles. Second Schedule Supplementary units of SI The supplementary units of the SI are defined as follows— By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 15 Weights and Measures Act, 1994 (Chapter 403) Zambia Repealed Physical quantity Name of unit Unit symbol Definition - 2 Verify source ↗
Interpretation ............................................................................................................................................................................................. 1
This provision defines the radian, the steradian, and what counts as a derived SI unit.
2. Solid steradian sr The radian is the plane angle between two radii of a circle which cut off on the circumference an arc equal in lengthz to the radius. The steradian is the solid angle which, having its vertex in the centre of sphere equal to that of a square with sides of length equal to the radius of the sphere. Third Schedule (1) Derived units of SI A derived unit means a unit derived only from the base units set out and defined in the First Schedule or the Supplementary Units set out and defined in the Second Schedule or both by the process of multiplication or division or both without the introduction of any co-efficients. The derived units of SI are defined as follows— Quantity Nazme Symbol Area Volume Square metre Cubic metre Speed Velocity metre per second Acceleration metre per second squared Wave number 1 per metre Density, mass density kilogram per cubic metre Specific volume cubic metre per kilogram Current density ampere per square metre m2 m3 m/s m/s2 m-1 kg/m3 m3/kg A/m2 By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 16 Weights and Measures Act, 1994 (Chapter 403) Zambia Repealed Quantity Nazme Symbol Magnetic field strength ampere per metre A/m Concentration (of amount of substance) mole per cubic metre mol/m3 Luminance candela per square metre cd/m2 (2) SI derived units with special names Quantity of Units Name Symbol Expression in terms of other SI Units Expression in terms of SI base Hz N pa J W C V F Frequency hertz Force newtor Pressure Stress pascal Energy work quantity of heat Double Power, radiant, flux watt Electric charge quantity of electricity coulomb Electric potential difference, electro- motive force Volt Capacitance farad Electric resistance ohm Electric S-1 m kg S-2 N/m2 m-1 kg S-2 Nm J/S m2 kg S-2 m2 kg S3 SA W/A m2 kg S-3 A-1 C/V V/A m2 kg s-1 S4A2 m2 kg s-3 A-2 By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 17 Weights and Measures Act, 1994 (Chapter 403) Zambia Repealed Quantity of Units Name Symbol Conductance siemes Magnetic flux weber Magnetic flux tesla Inductance henry S Wb T H Celsius temperature degree degreeC Luminous flux lumen Illuminance lux Activity (of a radio- nuclide) becquerel Absorbed dose, specific energy grey sievert Imparted, kerma absorbed dose index dose equivalent index lm lx Bq Gy Sv Expression in terms of other SI Units Expression in terms of SI base A/V V/s m-2 kg-1 s3 A2 m2 kg s-2 A-1 Wb/m2 kg s-2 A-1 Wb/A m2 kg s-2 A-2 K cd sr(b) lm/m2 m-2 cd sr (b) s-1 m2 s-2 M2 S-2 J/kg J/kg (3) SI derived units expressed by means of special names Quantity Name Symbol Expression in terms of SI base units Dynamic viscosity pascal second Moment of force newton metre Surface tension newton per metre pas Nm Nm m-1 kg s-1 m-2 kg s-2 kg s-2 By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 18 Weights and Measures Act, 1994 (Chapter 403) Zambia Repealed Quantity Name Symbol Expression in terms of SI base units Heat flux density, irradiance watt per square metre W/m2 kg s-3 Heat capacity, entropy joule per kelvin J/K Specific head capacity, specific entropy joule per kilogram kelvin J/(kg K) Specific energy joule per kilogram J/kg Thermal conductivity watt per metre W/(mK) kelvin Energy density joule per cubic metre J/m3 Electric field strength volt per metre V/m Electric charge density coulomb per cubic metre C/m3 Electric flux density coulomb per metre square C/m Permittivity farad per metre F/m Permeability henry per metre H/m Molar energy joule per mole J/mol m2 kg s-2 K-1 m2 s-2 K-1 m2 s-2 m kg s-3 K-1 m-1 kg s-2 m kg s-3 A-1 m-3 s A m-2 s A m-3 kg-1 s4 A2 m kg s-2 A-2 m2 kg s-2 mol-1 Molar entropy, molar heat joule per mole kelvin J/(mol K) m2kg s-2 K-1 mol-1 Exposure (X and Y rays) kilogram Absorbed dose gray per second C/kg Gy/s kg-1 sA m2 s-3 By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 19 Weights and Measures Act, 1994 (Chapter 403) Zambia Repealed (4) SI derived units formed by using supplementary units Quantity Name Symbol Angular velocity radian per second Angular acceleration radian per second squared Radiant density watt per steradian rad/s rad/s2 W/sr Radiance Electric watt per square metre steradian W m-2 sr-1 (5) SI units temporary accepted Name Symbol Approximate Value Angstrom Barn Curie Gal Metric Carat Rad Roentgen Quintal Standard atmosphere Are Ao b ci Gal CM rd R q atm a 1A degree = 1010m 1b = 10-28m 1ci = 3.7 x 10-10s-1 (exactly) 1Gal = 10-10m s-2 1CM = 2 x 10-4 kg 1rd = 10-2J kg-1 1R = 2.58 x 10-4C kg-1 1q = 100 kg 1 atm = 101 325 pa 1 a = 1 dam2 = 102 m2 By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 20 Weights and Measures Act, 1994 (Chapter 403) Zambia Repealed Name Symbol Approximate Value Hectare ha 1 ha = 1hm2 = 104 m2 Nautical mile Knot 1 nautical mile = 1852m 1 knot = 1 nautical mile per hour Units, used with international system, whose values are obtained experimentally Fourth Schedule Name Symbol Approximate value Electron volt Unifical atomic mass Astronomical unit Parsec eV u AU pc - 1 Verify source ↗
Short title .................................................................................................................................................................................................... 1
This text lists SI prefixes and permitted units, and says the permitted units may be used with SI units and their multiples and submultiples.
1.660 57 x 10-27 kg 1AU = 149 597 870 x 106m 1 pc = 206 265 AU = 30857 x 1012m Fifth Schedule SI prefixes for multiples and sub-multiples Factor Prefix Symbol 1018 1015 1012 109 Factor cxa peta tera giga Prefix E P T G Symbol By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 21 Weights and Measures Act, 1994 (Chapter 403) Zambia Repealed Factor Prefix Symbol 106 103 102 101 10-1 10-2 10-3 10-6 10-9 10-12 10-15 10-18 mega kilo hecto deca deci centi milli micro nano pico femto atto M k h da d c m m n p f a *Not applicable to the base unit "kilogram" but applicable to the thousandth submultiple thereof, namely the "gram" Sixth Schedule These are internationally agreed units which are deviations from strict SI. They are permitted either because of their practical importance or because of their use in specialised scientific fields. The Units may be used together with SI units and their multiples and submultiples. The names of the permitted units, the physical quantities they represent, their symbols and definitions are listed hereunder:- Physical quantity Name of Unit Symbol Definition - 1 Verify source ↗
Short title .................................................................................................................................................................................................... 1
This section is titled “Short title” and the source text shown also lists units of time and their definitions, including minute, hour, day, week, and calendar year.
1. Time Minute min 1 min = 60s By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 22 Weights and Measures Act, 1994 (Chapter 403) Zambia Repealed Physical quantity Name of Unit Symbol Definition Hour Day Week Calendar year - 5 Verify source ↗
Periodic verification of national standards ..................................................................................................................................... 3
This provision lists pressure units: tonne bar and standard atmosphere (atm).
5. Pressure tonne bar Standard atmosphere atm - 7 Verify source ↗
Secondary standards ................................................................................................................................................................................ 4
This section lists basic unit and temperature conversion equivalents.
7. Temperature degree celsius h dy wk yr 0 ' " 1 t a ha ºC 1h = 60 min 1d = 24h 1 wk = 7d 1 yr = 365 dys or 366 (leap yr) 1 degree = (II/180) radian 1 minute = (1/60) degree 1 inch = (1/60) minute 11 = 1 dm3 1t = 1000 kg 1bar = 100, 000 pa 1 atm = 101325 pa 1 are = 100m2 1hectare = 10000 m2 1 degree C = 273 K - 8 Verify source ↗
Working standards ................................................................................................................................................................................... 4
A nautical mile is 1,852 metres.
8. Marine and aerial nautical mile 1 nautical mile = 1852m - 9 Verify source ↗
Storage of standards ............................................................................................................................................................................... 4
This provision lists lawful units of measurement and gives their meanings or conversions.
9. Aerial Navigation Knot Knot 1 Knot = 1 nautical mile per hour By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 23 Weights and Measures Act, 1994 (Chapter 403) Zambia Repealed Kilometre Metre Decimetre Centimetre Millimetre Hectare Decare Are Square metre Seventh Schedule Part I – Measurement of length 1000 metres as defined in the First Schedule 1/10 metre 1/100 metre 1/1000 metre Part II – Measurement of area 100 are 10 are 100 square metres a superficial area equal to that of a square each side of which measures one metre Part III – Measurement of volume Cubic metre A volume equal to that of a cube each edge of which measures one metre Cubic decimetre 1/1000 cubic metre Cubic centimetre 1/1,000,000 cubic metre By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 24 Weights and Measures Act, 1994 (Chapter 403) Zambia Repealed Part IV – Measurement of capacity Litre The capacity equal to that of a cube each edge of which measures one decimetre Decilitre 1/10 litre Centilitre 1/100 litre Millilitre 1/1000 litre Part V – Measurement of mass or weight Metric ton or tonne 1000 kilogram Quintal Kilogram Hectogram Gram - 100 kilogram Unit of mass as defined in the First Schedule 1/10 kilogram 1/1000 kilogram Carat (metric) 1/5 gram Milligram 1/1000 gram Part VI – Measurement of electricity The following units of measurements, that is to say— (a) The Ampere (as the unit of measurement of electrical current); (b) The Ohm (as the unit of measurement of electrical resistence); (c) The Volt (as the unit of measurement of electrical potential); and (d) The Watt (as the unit of measurement of electrical power): shall have the meanings from time to time respectively assigned by order by the Minister, being the meaning appearing to the Minister to reproduce in English the international definition of the Ampere, Ohm, Volt or Watt as the case may be, in force at the date of making of the order. 1 kilowatt 1 000 Watts By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 25 Weights and Measures Act, 1994 (Chapter 403) Zambia Repealed 1 megawatt 1 000 000 watts Hour Minute Second Part VII 60 minutes 60 seconds as defined in the First Schedule Eight Schedule Physical weights and measures lawful for use for trade
Part
Part VII
- 1 Verify source ↗
Short title .................................................................................................................................................................................................... 1
This provision lists capacity measures: 10 litres, 2 litres, 5 litres, and 1 litre.
1. Capacity measures of: 10 litres 2 litres 5 litres 1 litre - 2 Verify source ↗
Interpretation ............................................................................................................................................................................................. 1
Lists several volume amounts in litres and millilitres.
2.5 litres 500 millilitres 250 millilitres 100 litres 50 millitres 25 millitres 20 millilitres 10 millilitres 5 millilitres 1 millilitre - 2 Verify source ↗
Interpretation ............................................................................................................................................................................................. 1
This section lists weight units, from kilograms down to milligrams.
2. Weights of: 20 kilograms 10 kilograms 5 kilograms 2 kilograms 1 kilogram 500 grams 200 grams 100 grams 50 grams 20 grams 10 grams 5 grams 2 grams 1 gram 500 milligrams 200 milligrams 100 milligrams 50 milligrams By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 26 Weights and Measures Act, 1994 (Chapter 403) Zambia Repealed 20 milligrams 10 milligrams 5 milligrams 2 milligrams 1 milligram - 3 Verify source ↗
Units of measurement ............................................................................................................................................................................ 2
This section lists metric carat weights: 500, 200, 100, 50, 20, 10, 5, 2, and 1 carat.
3. Metric carat weights of: 500 carats 200 carats 100 carats 50 carats 20 carats 10 carats 5 carats 2 carats 1 carat - 4 Verify source ↗
National standards ................................................................................................................................................................................... 3
This provision lists linear measures: 50 metres, 30 metres, 20 metres, 10 metres, 5 metres, 3 metres, and 2 metres.
4. Linear measures of: 50 metres 30 metres 20 metres 10 metres 5 metres 3 metres 2 metres - 5 Verify source ↗
Periodic verification of national standards ..................................................................................................................................... 3
This text sets out certificate forms for verification of secondary standards and examination of working standards, and it begins the schedule on how certain goods are to be sold by weight.
5. Square measures of, or any multiple of, 1 square decimetre 6 Cubic measures of, or any multiple of, 0.1 cubic metre Ninth Schedule Form A - Form of certificate of verification of secondary standards We hereby certify that the several secondary standards ___________________________________________________ ____________________________________________________ have been this day, duly compared in our presence and found to agree with the national standard. ____________________________________________________ By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 27 Weights and Measures Act, 1994 (Chapter 403) Wardens of the secondary standards. ____________________________________________________ Dated this ____________ day of __________________ 19 __________ Zambia Repealed Form B - Certificate of examination of working standards I hereby certify that the several working standards at Weights and Measures office viz ____________________________________________________ ____________________________________________________ have been this day duly compared by me and found to agree with the secondary standards Dated this ____________ day of __________________ 19 __________ _______________________ Assizer of Weights and Measures Tenth Schedule The manner in which certain goods shall be sold: Part I – By weight
Part
Part I – By weight
- 2 Verify source ↗
Interpretation ............................................................................................................................................................................................. 1
This provision covers all food stuffs except those specified elsewhere in the Schedule.
2. All food stuffs, other than those specified elsewhere in this Schedule. - 5 Verify source ↗
Periodic verification of national standards ..................................................................................................................................... 3
This item lists cleaning and scouring powder, soap flakes, soap powder, and detergents, but excludes liquid detergents and detergents exceeding 5 litres.
5. Cleaning and scouring powder, soap flakes, soap powder, detergents (other than liquid detergents and exceeding 5 litres). - 11 Verify source ↗
Assizers and other staff ...................................................................................................................................................................... 5
This section is headed “Solid fertilisers, agricultural material and agricultural salt.”
11. Solid fertilisers, agricultural material and agricultural salt. - 13 Verify source ↗
The Assizes Committee ....................................................................................................................................................................... 5
Section title: “Solid insecticides and solid fungicides.”
13. Solid insecticides and solid fungicides. - 14 Verify source ↗
Composition of Committee ................................................................................................................................................................ 5
This provision appears to label “Solid polishes and dressings analogous to solid polishes.”
14. Solid polishes and dressings analogous to solid polishes. - 16 Verify source ↗
Assize of instruments ........................................................................................................................................................................... 6
The provided text identifies Section 16 (“Cotton”) in Part II (“By weight or number”) of the Weights and Measures Act, 1994.
16. Cotton. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 28 Weights and Measures Act, 1994 (Chapter 403) Zambia Repealed Part II – By weight or number
Part
Part II – By weight or number
- 8 Verify source ↗
Working standards ................................................................................................................................................................................... 4
Section 8 is titled “Sweetening tablets and soft drink tablets” and indicates Part III covers matters by capacity measure.
8. Sweetening tablets and soft drink tablets. Part III – By capacity measure
Part
Part III – By capacity measure
- 5 Verify source ↗
Periodic verification of national standards ..................................................................................................................................... 3
This item describes liquid fuel to include liquid fuel other than liquid petroleum gas, lubricating oil up to 20 litres, and any mixture of liquid fuel and lubricating oil.
5. Liquid fuel excluding liquid petroleum gas; lubricating oil (not exceeding 20 litres); any mixture of liquid fuel and lubricating oil. - 6 Verify source ↗
Custody of national standards ............................................................................................................................................................ 3
This section is titled “Liquid fungicides and liquid insecticides.”
6. Liquid fungicides and liquid insecticides. - 7 Verify source ↗
Secondary standards ................................................................................................................................................................................ 4
This provision lists liquid polishes and liquid dressings analogous to polishes.
7. Liquid polishes and liquid dressings analogous to polishes. - 8 Verify source ↗
Working standards ................................................................................................................................................................................... 4
Lists liquid soap and liquid detergents, with liquid detergents limited to not exceeding 5 litres.
8. Liquid soap; liquid detergents (not exceeding 5 litres). - 2 Verify source ↗
Interpretation ............................................................................................................................................................................................. 1
This provision is a section heading for “Distemper” and refers to Part IV, “By weight or capacity measure.”
2. Distemper. Part IV – By weight or capacity measure
Part
Part IV – By weight or capacity measure
- 3 Verify source ↗
Units of measurement ............................................................................................................................................................................ 2
This item refers to lubricating oil in quantities exceeding 20 litres.
3. Lubricating oil (exceeding 20 litres). - 5 Verify source ↗
Periodic verification of national standards ..................................................................................................................................... 3
This provision heading concerns milk exceeding 5 litres.
5. Milk (exceeding 5 litres). By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 29 Weights and Measures Act, 1994 (Chapter 403) - 6 Verify source ↗
Custody of national standards ............................................................................................................................................................ 3
This section names paint, varnish, lacquer, and paint remover.
6. Paint, varnish lacquer and paint remover. - 9 Verify source ↗
Storage of standards ............................................................................................................................................................................... 4
Section heading for toilet preparations under Part IV, by weight or linear measure.
9. Toilet preparations. Part IV – By weight or linear measure Zambia Repealed
Part
Part IV – By weight or linear measure
- 10 Verify source ↗
The Superintendent Assizer ............................................................................................................................................................... 4
This provision refers to quantities in which certain goods must be pre-packed.
10. Fabrics. Eleventh Schedule Quantities in which certain goods shall be pre-packed (a) (b) Quantity when packed in rigid containers of glass, plastic or metal Quantity when packed in containers other than rigid containers of glass, plastic or metal - 3 Verify source ↗
Units of measurement ............................................................................................................................................................................ 2
This provision lists the allowed package sizes for bacon and sausage, barley, and beans or peas.
3. Bacon and sausage 100g, 200g, 250g, 300g 400g, 500g, 1kg, there- after by steps of 1kg. 100g, 200g, 250g, 300g 400g, 500g, 1kg there- after by steps of 1kg. Barley - 100g, 200g, 250g, 300g 400g, 500g, 1kg, there- after by steps of 1kg. Beans, peas 250g, 500g, 1kg, there- after by steps of 1kg up to 10kg. 250g, 500g, 1kg, there- after by steps of 1kg up to 10kg. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 30 Weights and Measures Act, 1994 (Chapter 403) Zambia Repealed - 16 Verify source ↗
Assize of instruments ........................................................................................................................................................................... 6
This section lists assized instruments and sizes for certain goods.
16. Beer Biscuits Butter Cashew nuts (in shell) Cassava flour Castor oil 250ml, 300ml, 375ml,400ml, 500ml, 600ml, 750ml. - 50g, 100g, 150g, 200g, 300g, 400g, 500g, 1kg, thereafter by steps of - 500G Verify source ↗
Section 500G
The text lists weight amounts: 50g, 100g, 150g, 200g, 300g, 400g, 500g, and 1kg, then says it continues in steps, but the sentence is incomplete.
500g. 50g, 100g, 150g, 200g 300g, 400g, 500g, 1kg, thereafter by steps of - 500G Verify source ↗
Section 500G
This provision lists permitted package sizes and measurement steps for various goods, using weights and volumes such as grams, kilograms, millilitres, and litres.
500g. 100g, 200g, 250g, 300g, 400g, 500g, 1kg, there- after by steps of 1kg. 250g, 500g, 1kg - - 100ml, then by multi- ples of 100ml to 1 litre thereafter by steps of 1 litre. 80kg 500g, 1kg, 2kg, 4kg, 5kg, 60kg. 100ml, then by steps of 100ml to 1 litre. Castor seed Cement - - 65kg 50kg Coffee, tea (other than tea in chests), cocoa powder, chicory mixture 50g, 100g, 250g, 500g, 1kg, thereafter by steps of 1kg. 50g, 100g, 250g, 500g, 1kg, thereafter by steps of 1kg. Cooking fat including dripping, lard and shredded suet. 100g, 250g, 500g, 1kg, thereafter by steps of 1kg. 100g, 250g, 500g, 1kg, thereafter by steps of 1kg. Custard powder 50g, 100g, 250g, 500g, 1kg, thereafter by steps of 1kg. 50g, 100g, 250, 500g, 1kg, thereafter by steps of 1kg. Charcoal - 30kg. Cream (not exceeding 1 litre) 100ml, 200ml, 300ml, 400ml, 500ml, 1 litre 100ml, 200ml, 300ml, 400ml, 500ml, 1 litre. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 31 Weights and Measures Act, 1994 (Chapter 403) Zambia Repealed - 18 Verify source ↗
Verification of instruments ................................................................................................................................................................. 7
Lists goods and the weight or measure statements associated with them.
18. Edible oil 100ml, thereafter by steps of 100ml up to 1 litre; 2 litres, 2.5 litres; 3 litres, thereafter by steps of 1 litre. 100ml, thereafter by steps of 100ml to 1 litre. Flour of oats, rice, beans, 100g, 250g, 500g, 1kg, thereafter by steps 100g, 250g, 500g, 1kg, thereafter by steps Twelfth Schedule Goods requiring statement of weight or measure Description of goods - 1 Verify source ↗
Short title .................................................................................................................................................................................................... 1
This section defines “paint” but excludes paint packed in tubes, jars, or boxes commonly sold as artists’ or children’s paints.
1. Paint (excluding paint packed in tubes, jars or boxes commonly sold as artists or children's paints). - 8 Verify source ↗
Working standards ................................................................................................................................................................................... 4
This section is titled “Sewing, knitting and embroidery cotton.”
8. Sewing, knitting and embroidery cotton. - 20 Verify source ↗
Illegal stamping or sealing ................................................................................................................................................................ 8
This provision lists coffee, tea (other than tea in chests), cocoa powder, and chicory mixture.
20. Coffee, tea (other than tea in chests) cocoa powder, chicory mixture. - 21 Verify source ↗
Contracts to be made by reference to authorised units ......................................................................................................... 8
This provision names cooking fat, including dripping, lard, and shredded suet.
21. Cooking fat including dripping lard and shredded suet. - 24 Verify source ↗
Price lists, etc. ......................................................................................................................................................................................... 9
Section 24 is titled “Edible oil.”
24. Edible oil. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 32 Weights and Measures Act, 1994 (Chapter 403) Zambia Repealed - 26 Verify source ↗
Forgery of stamps on instruments .................................................................................................................................................. 9
This provision lists flour of oats, rice, beans, rye, soya beans, and self-raising flour.
26. Flour of oats, rice, beans, rye, soya beans, self-raising flour. - 30 Verify source ↗
Sale of unstamped instruments .................................................................................................................................................... 11
This section is titled “Liquid fungicides and liquid insecticides.”
30. Liquid fungicides and liquid insecticides. - 31 Verify source ↗
Fraud in use of instruments ........................................................................................................................................................... 11
Lists liquid soap and liquid detergent, with a limit of 5 litres.
31. Liquid soap, liquid detergent (not exceeding 5 litres). - 33 Verify source ↗
Sale by unauthorised denominations .......................................................................................................................................... 11
Lubricating oil, excluding grease, is covered only up to 20 litres.
33. Lubricating oil excluding grease (not exceeding 20 litres). - 34 Verify source ↗
Offences due to default of third party ....................................................................................................................................... 11
This provision lists maize flour, maize grain, and maize bran.
34. (a) Maize flour. (b) Maize grain. (c) Maize bran. - 35 Verify source ↗
General penalty ................................................................................................................................................................................... 12
This section is titled “Margarine and mixture of butter and margarine.”
35. Margarine and mixture of butter and margarine. - 36 Verify source ↗
Offences by bodies corporate ......................................................................................................................................................... 12
This provision covers milk up to 5 litres, excluding evaporated unsweetened milk and sweetened condensed milk.
36. Milk (not exceeding 5 litres) excluding evaporated unsweetened milk and sweetened condensed milk. - 37 Verify source ↗
Power of inspection and entry ....................................................................................................................................................... 12
This provision mentions milk powder, including milk food and milk food substitutes for feeding infants.
37. Milk powder including milk food and milk food substitutes for feeding infants. - 46 Verify source ↗
Solid polish (other than shoe polish)
Section title: “Solid polish (other than shoe polish).”
46. Solid polish (other than shoe polish). - 55 Verify source ↗
Toilet paper
55. Toilet paper. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 33 Weights and Measures Act, 1994 (Chapter 403) Zambia Repealed Thirteenth Schedule (Section 14) The Assizers Committee
55. Toilet paper. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 33 Weights and Measures Act, 1994 (Chapter 403) Zambia Repealed Thirteenth Schedule (Section 14) The Assizers Committee - 1 Verify source ↗
Short title .................................................................................................................................................................................................... 1
Committee members covered by this section serve for three years, may be reappointed once for another three years, may resign with one month’s written notice, and their office becomes vacant on listed events.
1. Tenure office a vacancy (1) A member of the Committee referred to in paragraph (d) of subsection (1) of section fourteen shall hold office for a period of three years from the date of his appointment and may be reappointed for one further term of three years. (2) A member referred to in paragraphs (d) of subsection (1) of section fourteen may resign upon giving one month's notice in writing to the organisation which nominated him and to the Minister. (3) The office of a member of the Committee shall become vacant— (a) upon death; (b) if he is absent without reasonable excuse from three consecutive meetings of the Board of which he has had due notice; (c) on ceasing to be a representative of the organisation which nominated him; (d) if he is an undischarged bankrupt; or (e) if he contravenes section fifteen then revert to section twelve. - 2 Verify source ↗
Interpretation ............................................................................................................................................................................................. 1
The Committee may do anything necessary to administer the Act, including testing instruments, setting up facilities, maintaining standards, stamping correct instruments, controlling sales by measure, regulating petroleum transport and sale, approving new weighing and measuring patterns, examining repair mechanics, running seminars, and recommending policy.
2. Functions of Committee (1) The functions of the Committee shall be to do all such things as are necessary for the administration of this Act. (2) Without derogation from the generality of subsection (1) the Committee may— (a) undertake checks and testing of instruments used for trade; (b) establish a laboratory and other facilities for carrying out its objectives; (c) make arrangements for the custody and maintenance of physical standards at various levels of accuracy; (d) provide for the assizing in a prescribed manner of all instruments used in trade and if found correct stamp such instruments with the official stamp; (e) (f) control the sale of articles by quantity, weight or measure so that packaged goods are identified by quantity, weight or measure; control both transportation and sale of petroleum products from ZIMOIL to various distribution points throughout Zambia by calibration of loading and aircraft refuelling motors and tankers carrying fuel; (g) approve new patterns of weighing and measuring instruments imported into Zambia so as to prevent importation of sub-standard instruments for use in trade; (h) examine mechanics for a certificate of competence to repair instruments, to ensure that high standards of repair of instruments are maintained; (i) encourage or undertake educational seminars and workshops for the public and the industrial community in connection with instruments having application to trade; (j) formulate, and recommend to the Government for its approval, a comprehensive weights and measures policy. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 34 Weights and Measures Act, 1994 (Chapter 403) Zambia Repealed - 3 Verify source ↗
Units of measurement ............................................................................................................................................................................ 2
The Committee may regulate its own procedure, subject to this Act.
3. Proceed Committee (1) Subject to the provisions of this Act, the Committee may regulate its own procedure. - 4 Verify source ↗
National standards ................................................................................................................................................................................... 3
Committee members may be paid remuneration, and the Committee decides the amount.
4. Remuneration of the members Members of the Committee may be paid such remuneration as the Committee may determine. - 5 Verify source ↗
Periodic verification of national standards ..................................................................................................................................... 3
A committee member who has a private interest in a matter being discussed must disclose it soon after the meeting starts and must not join the discussion or vote unless the Committee directs otherwise.
5. Disclose interest (1) If a member is present at a meeting of the Committee at which any matter is the subject of consideration and in which matter the member or his spouse is directly or indirectly interested in a private capacity, he shall, as soon as practicable after the commencement of the meeting, disclose the interest and shall not, unless the Committee otherwise directs, take part in any consideration or discussion of, or vote on, any question touching the matter. (2) A disclosure of interest made under this section shall be recorded in the minutes of the meeting at which it is made. - 6 Verify source ↗
Custody of national standards ............................................................................................................................................................ 3
A Committee member must not make money from, or be employed in, making or adjusting weights and measures instruments, and must not charge fees for such adjustments while in office.
6. Restrict member Committee from bi selling readjust weights measure No member of the Committee shall be employed in or derive any profit from making or adjusting of weights, measures, weighing instruments or measuring instruments and in any such adjustment charge any fee for his services while he holds office. - 7 Verify source ↗
Secondary standards ................................................................................................................................................................................ 4
The Committee is funded from amounts appropriated by Parliament.
7. Funds Committee The Committee shall be funded by such amounts as may be appropriated by Parliament. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 35
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Weights and Measures Act, 1994
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